---

Housing and Regeneration Bill

I am going to speak on Amendment No. 110XD concerning Clause 228, which is about the £5,000 penalty. Our amendment would replace subsection (3) with the words, "““Where the order changes the amount specified, other than to update it for inflation, the order will be subject to the affirmative procedure””." That would remove the right of the Secretary of State to amend by negative order the amount specified in the Bill, £5,000, as a penalty, and instead make it subject to the affirmative procedure. The Executive should not be able to vary this already substantial amount without parliamentary scrutiny. This kind of order is too important and potentially too controversial to be passed by the negative procedure. The amendment would put in place a recommendation from the Delegated Powers and Regulatory Reform Committee on page 4 of its report. The committee points out that a similar unlimited derogation in the Communications Bill 2002 was amended to adopt the committee’s call for those powers to be subject to the affirmative order. I hope that the Minister will follow that with this amendment.